On March 27, 2010, the Owen Sound Police Service obtained a general warrant under s. 487.01 and an assistance order under s. 487.02 of the Criminal Code. The warrant named two Telus wireless subscribers and required the telecom giant to provide the Owen Sound Police Service with copies of any text messages stored on Telus’ computer database that were sent or received by … [Read more...]
Ray Newman: Alleged Murderer Walked Free After Police Violate His Charter Rights
When police violate the Charter rights of an accused, there is a price to pay. That price, in Chrissy Predham-Newman's case, is her alleged murderer, her estranged husband, walked out of court a free man. On January 21, 2007, Chrissy Predham-Newman was found murdered in her apartment, her throat slashed, in her apartment in Airport Heights, St. John’s, Newfoundland and … [Read more...]
Why do Criminals Go Free When Police Screw Up?
In response to my Friday column Cops Screw Up: Drug Dealer Jermaine Barrows-Taylor Escapes Illegal Handgun Conviction, one reader shared his frustration with this case specifically, as well as these types of cases in general. I do not understand why police screwups result in criminals going free. If police illegally search a vehicle and find a body, does the driver get a … [Read more...]
Is a Man’s Home his Castle? Even When He’s on Probation?
The short answer is “Yes” according to retired Court of Queen’s Bench Justice M.A. Binder. “The fact of the matter is that it is unlawful to carry out a warrantless search under the guise of a curfew check,” he wrote. Binder’s decision (view PDF) came in response to a complaint against Edmonton Police Service Sgt. Ashley Hayward, in which he ruled Hayward violated the … [Read more...]
Peoria Mayor Jim Ardis Desperately Needs Thicker Skin
Peoria Mayor Jim Ardis: if you can't handle being mocked stop being a politician. Mocking and ridicule come with the territory so either get a thicker skin or get yourself a new job. Wasting police resources to harass those who oppose you is the act of a tyrant, not a mayor. Peoria Mayor Jim Ardis was so worried about a parody Twitter account with all of 50 posts and 50 … [Read more...]
“In the Interest of Public Safety” High River Firearm Seizures are just the beginning
by Tim McNamara On 20 June 2013 the town of High River, Alberta, was inundated by one of the worst floods in a hundred years - homes were destroyed, bridges washed out, and the town was completely evacuated. Unfortunately for High River, the weather was not the only enemy the residents had to face. As the floodwaters began to recede, members of the RCMP, the … [Read more...]
Canada’s Supreme Court Issues Ruling on Computer and Cell Phone Searches
The Supreme Court of Canada (SCC) ruling, R. v. Vu, found that RCMP members violated Thanh Long Vu’s Charter Rights and Freedoms when they executed a search warrant on Vu’s Langley, BC, home in 2007. Despite finding that Vu’s rights were violated the Supreme Court refused to throw out the evidence gained by those violations. Instead the SCC ordered a new trial for Thanh Long … [Read more...]
Unreasonable Search and Seizure – Will We Force DNA Samples from people simply for being arrested?
For a “conservative” government Stephen Harper’s Conservatives continue to prove they don’t know the meaning of the word. Justice Minister Peter MacKay spoke publicly about the issue of forcing people to provide DNA samples upon arrest and he thinks it’s a good idea. "I know there’s always privacy considerations in the backdrop to this and it has to be balanced in the bigger … [Read more...]
Another Illegal RCMP Search tossed out of court
Dwayne Carron was being pretty dumb. He was caught speeding. And not just “speeding”… but speeding 65 kms over the posted speed limit. That’s just begging for trouble, and trouble is exactly what Mr. Carron got. He was pulled over by Constable Allan Douglas Roberts, who proceeded to illegally search Mr. Carron’s vehicle, first by reaching into the glove box searching for … [Read more...]